Legitimación en las acciones colectivas

This paper analyses the standing in collective actions to enforce undefined and collective interests as well as homogeneous individual interests, according to the Brazilian legal doctrine and legislation. He treats the types of class actions, the standing to bring a suit and the adequate representation in the Latin American countries that have developed these matters: Argentina, Brazil, Chile, Colombia, Mexico and Uruguay. Of Argentinean Law, the author examines the collective amparo contained in article 43 of the National Constitutional, and the environmental and consumer’s procedures. Of Brazilian Law, the author studies the actions to enforce undefined and collective interests and homogeneous individual interests, contained in the 1990 Consumer’s Defense Code. The Brazilian Law guidelines have influenced the Model Code of Collective Procedures for Iberoamerica and the Chilean and Mexican Laws. In Colombia the collective interests are enforced by popular actions, and the equivalent to the homogeneous individual interests are defended through group actions.     

Instituciones electorales,derecho a la información y medios de comunicación durante las campañas presidenciales de 2012

This paper assesses the performance of Mexican electoral authorities during the 2012 presidential campaigns concerning citizens’ right of information. By means of a theoretical review of the concepts of freedom of speech and right of information a case is made for the necessary complementarity and interdependence of both concepts. The paper explores the approach that electoral authorities adopted on three different spheres, namely, the “suggested guidelines” that were submitted to radio and television agencies for the coverage of electoral campaigns; the monitoring of campaigns coverage by radio and TV news broadcasts; and the organization and promotion of electoral debates among Mexico’s presidential candidates. This review reveals a considerable clash between theory and the ife’s and tepjf’s practices. The paper closes with some general remarks on freedom of speech and the role of electoral bodies in Mexican politics, as well as with a proposal of various reforms that could reinforce freedom of speech and the right of information in the coming electoral campaigns.     

The Defence of Iturbide or the Defence of Federalism? Rebellion in Jalisco and the Conspiracy of the Calle de Celaya, 1824

Abstract: This article investigates a planned rebellion in favour of Agustín de Iturbide organised by a group of his supporters in Guadalajara, Jalisco, in 1824. It shows that the rebels in Guadalajara were in close communication with a second cadre of conspirators in Mexico City. By examining the various plans drawn up by the rebels, the article demonstrates the existence of two separate and apparently contradictory aims for the rebellion: the return of Iturbide and the defence of federalism. The question posed by the paper is: does this discovery indicate a coalition between federalists and iturbidistas against the central government in Mexico City?     

论表决权信托

表决权信托作为获取公司控制权的一种重要手段 ,是美国公司法上比较活跃的制度。但是 ,它的命运经历了从否定到争议再到肯定的过程。表决权信托的成立要符合三个要件 ,即采取书面形式、不能超期并进行登记、公示。通过对表决权信托证书持有人及受托人权利和义务的分析 ,对表决权信托的构造进行了深入研究 ,并首重分析了事实上的虚假表决权信托。针对表决权信托的特性 ,我国应通过适当立法途径建立起相应的表决权信托制度。     

Voting for Movement Parties in Southern Europe: The Role of Protest and Digital Information

In recent years ‘movement parties’ such as Syriza in Greece, the Movimento 5 Stelle in Italy, Podemos in Spain and—to a lesser extent—Bloco de Esquerda in Portugal shook national party systems, breaking the consolidated dynamics of political competition. Despite growing interest in movement parties, there has been scant attention to the role of citizens adopting unconventional forms of action and using digital media in accounting for their electoral performance. To fill this gap, four original internet-based post-electoral surveys are employed showing that protesters and digital media users are more likely to vote for these parties, despite important country differences.     

元首制时代的罗马宪法文本研究——以《韦斯巴芗谕令权法》为依据

《韦斯巴芗谕令权法》是西方世界保留下来的最古的较完整宪法文本,其发现证明了"罗马公法不存在或虽存在但无价值论"的错误。该法被铭刻在两块铜表上,第一块铜表佚失,得到保留的第二块铜表包括8个条文外加一个制裁,它授予韦斯巴芗皇帝外交权、元老院会议主持权、召开元老院会议通过法律权、官吏推荐权、城界外推权、自由裁量权、免受一定法律约束权等权力,还包括溯及力条款和免责规定。该法确定了元首制时代皇帝与元老院的权力分配关系,是长期存在的王权法的一个例证。尽管该法表现了皇权扩张的趋势,但仍维持了皇帝在法律之下的西方宪政传统。     

Las funciones de los consejeros independientes de las sociedades en México: Recomendaciones para el cambio a partir de las asimetrías existentes entre la práctica y la ley

The legal notion of an independent board member was introduced to the Mexican legislation in 2005. The goal was to improve the corporate governance of the corporations listed on the stock exchange. It was thought that including the independent board members would help to better represent the interest of the minority holders, as well as to increase the level of accountability. This article challenges these ideas based on 10 interviews carried out with independent board members. It finds that what the law says is far from what actuatly occurs: they lack of an adequate level of knowledge to perform their tasks, their degree of independence is severely limited by the criteria used to appoint them and they usually ignore essential corporate information, which impede them from participating effectively in the board sessions. The article suggests the creation of an independent board member’s association, a mechanism that, along with a mandatory certification system, would improve the way in which they perform their duties.     

The politics of de‐delegation: Regulatory (in)dependence in Turkey

This essay explores the rise and decline of regulatory independence in Turkey. Framing the ongoing process of limiting independence of these agencies as the politics of de‐delegation, it raises the question of why Turkish regulatory agencies have become subject to increasing political intervention. Contending that institutional legacies and mounting illiberal predispositions of the Turkish state facilitate the politics of de‐delegation, the essay focuses on centralization, executive discretion, and politicization of bureaucracy as the major institutional legacies. Then it briefly discusses formal and informal mechanisms of political intervention, which have impaired the independence of the regulatory agencies.     

分权改革背景下的地方财政自主权

为实现政治统治的合法化,近现代国家在民主的基础上形成了以规范为中心的权力认知模式。建国与改革为主题的国家制度建设所呈现的渐进性和试验性,使我国在中央与地方的财政关系上,形成了规范内外不同的权力生长与存续机理。碎片化的规范,赋予了地方在特定领域内的财政自主权。同时,依赖政治过程的分散化策略,引致了权力的制度外溢,形成了诸多所谓的"事实上的财政自主权"。尽管正当的制度只能逐步建设和改进,但如果始终存在超越于法律规范之上的权力,法治秩序终将会崩裂。地方财政自主权,必须在规范主义的立场上循序形成。